Graham Hill’s Advice On Preparing For Credit Part 3

Monday, 22. September 2014

OK, we are now on the final straight, I am now going to talk about the finance application itself. But before I discuss the content there is an overriding requirement on you to answer each question accurately, if you don’t and you are found out, then you could be considered to have acted fraudulently.

Thinking of a change but unsure as to the best way to finance your car? Then you need a copy of my car finance book, Car Finance – A Simple Guide by Graham Hill. Click on the link below to buy the best car finance book on the market, available as a Kindle Book and Paper Back.

I have searched everywhere and sought legal advice but can’t find anywhere that you are committing a criminal offence when providing incorrect information on a finance application – unless of course it was the result of identity fraud/theft, which is a criminal offence and will land you in nick for a fairly substantial time.
However, the industry has gotton around this issue of fraudulent applications by subscribing  to something called CIFAS (Credit Industry Fraud Avoidance Scheme). If a lender suspects (with very good reason) or finds that you have committed any form of credit or insurance fraud they can enter your details on the CIFAS register which then also appears on your credit file for all lenders to see.
The information held is supposed to be considered advisory – alerting any potential lender to look at any application from this applicant more carefully. It can also protect you if it is known that someone has tried to make a false application by stealing your identity. They say that this is more address based than individual but I would take that with a pinch of salt!
The credit reference agencies (CRA) are not allowed to incorporate the CIFAS warning into the automated credit score nor is it to be considered to be ‘adverse’. Lenders should also not take into account CIFAS alerts when making a credit decision, simply carry out more checks on the applicant.
CIFAS goes to great lengths to explain that a CIFAS warning on your credit file won’t affect the decisions of lenders to agree a loan but in the real world if another lender has reported some fraudulent activity on your part it would certainly influence my decision if I was an underwriter and without doubt it will influence theirs.
If you are advised of a warning (you should be told before it goes on your file) or see it on your credit file, if you are not happy then write to CIFAS and the company placing the info. on your file. We are now onto the application having explained the importance of being honest. The next most important thing to do is to give as much information to the lender as possible.
You read a lot about your credit score with lots of advice surrounding your credit report, which I don’t disagree with, but just as important is a mysterious measure, used by all lenders, called the ‘Score Card’. It is the lenders’ score card that initially provides an instant acceptance or an instant decline when you make your finance application.
The problem is that the way each application is scored is so secret that often the underwriters don’t know how it is created but like the credit score on your credit file it is simply a load of points for different items on your credit application added together to form a numerical opinion of your credit worthiness.
Most lenders will have a risk committee who decide what points to award each item on the application but one thing is for certain if they don’t have the information they can’t give you a score so tell them everything. A good broker will be of great assistance as he will know which lender is most likely to approve your application. The cheap bucket shops will just propose you and hope you get through. If you don’t they often don’t have enough profit in the deal to waste time trying to get you through.
Reverting to an alternative funder or through another broker at this stage could well lose you the deal as each search on your file drops your credit score. When you complete your application form, either in handwriting or online make sure you answer every question and make it as easy as possible for the underwriting staff.
Don’t forget those that deal with your application are human beings and if they get frustrated because they can’t read your writing they may omit something that costs you enough points to result in a decline. Use capital letters and make sure your form can be read easily if completing the form manually. Each question is there for a reason so make sure you provide answers to every question. If you have middle names – show them. It helps when carrying out a credit search to find you.
Make sure that you put your correct date of birth and it is legible. These two pieces of information are used to generate a copy of your credit report and verify your current address. Most lenders now require 5 years of address history, don’t say you have been in your current address for 5+ years when you have only been there for 2 years.
They don’t just take your word, this is a verification process as they can see your address history on the voters roll with back links. If you have missed addresses it will cause concern. You should know that if a lender or leasing company is providing a very low APR or very cheap monthly lease rate they have shaved their margins so they will only accept those who are way up their score card.
Those offering higher APR’s or lease rates are more likely to consider applications from those with less than an absolutely perfect credit score. Searching out the very cheapest rate may not be the best thing to do unless you know your credit has been perfect over the last 6 years and that there are no late credit card payments or missed loan repayments or CCJ’s even if satisfied.
Having a great credit score does not mean you will automatically be approved when you make a credit application. Your credit score is based on historical events, your application uses statistics to determine whether you are likely to pay in the future. A few years ago lenders kept an open mind if you didn’t show up at your current or previous addresses as lenders would still record credit information against each of your addresses, irrespective of whether you were on the voters roll.
They would simply ask for proof that you were living at the current or previous address. These days, as the voters roll is much more accurate and is updated immediately rather than often weeks after you have moved, it is more important to make sure you are on the voters’ roll even if you have no intention of voting. Some lenders believe that if you are not on the voters’ roll it is for sinister reasons. Either you don’t want to be found or you are avoiding paying council tax, both of which would put off a lender.
One further point about your address, don’t make the job of the underwriter more difficult by only showing part of your address, omitting part of your postcode or leaving out your postcode altogether. This is often done when providing previous addresses – very irritating! Also, make sure that you show your full address, even though you have named your house Dunroamin, show the number of the property also as the name may not show up in the searches.
The form will ask if you have dependents? The secret is in the name so anyone who lives at your address who depends upon you to live is a dependent. Children or elderly relatives would be dependents as well as a wife who doesn’t work. People think this goes against you in terms of credit score but if anything it improves the score as you have responsibilities so you would take your income and commitments seriously. By the way as each lender is different I am basing what I am saying on information shared with me over the years by lenders, underwriters and leasing company directors.
As I mentioned earlier all lenders have their own set of rules and hence the reason why one company may decline you whilst another accepts you even though you have provided exactly the same information. So when it comes to dependents, having a few is more likely to work in your favour than against you.
The next question and one that is very misunderstood is address status. In other words, is your home owned, rented, living with parents etc. Owning your property will give you a few extra points but you don’t have to own your home for you to obtain credit. I recently funded a £100,000 Mercedes for a customer who lives in a rented property.
There are often times when there is no equity in a property and I have had clients who have sold a property at an amazing price and are taking their time to find a new place whilst living in rented accommodation in the meantime. Many people these days have invested in a holiday home or ‘buy to let’ property. It is advisable to let the underwriter know if you have additional equity sitting in other properties, this information can only add to the comfort given to the underwriter, especially when you are looking to fund an expensive car.
Now to the figures that you show on your application. Be very careful, whilst the underwriter may not place a great deal of reliance on the figures you provide they may ask for statements (mortgage/bank) to back them up and they also have access to data that will give an idea of property values in your area. Your mortgage details are also held on your credit file so make sure that when asked roughly what the value is of your property and what you have outstanding try to be as accurate as possible.
More important to lenders these days is your net income, some will even ask for a breakdown showing net income less your regular expenses. This is not the lenders being awkward, it is a result of the new ‘affordability rules’ imposed upon them when considering an application by the new FCA (Financial Conduct Authority). Be careful because they may ask for last 3 months bank statements or your last P60 and you don’t want either to prove that you are lying about your salary.
Also, if your income is made up of several sources such as a job but also rental income on a buy to let property, pension, annuity etc. make sure you let the lender know. Unfortunately if you use a bucket shop they won’t have time for this which could lose you a great deal.
Marital status is not so clear cut these days as more people find it beneficial not to be married to their partner for tax reasons as well as financial and practical reasons.
Whilst you may still gain a few points for being married or in a civil partnership over being single/divorced/separated it will be minimal but could make all the difference when applying for the cheapest deal where the credit bar is set very high.
Your occupation is a big points winner or loser on your application and yet applicants, as well as some brokers/dealers either treat the question with contempt or for some strange reason consider it an intrusion.
One of the worst job titles used on applications is Consultant because you could be a consultant surgeon or something very obscure like (and I have seen this) a consultant tree hugger. Whilst I don’t know the way that these titles would be scored the chances are that the title consultant will simply attract the lowest score whilst a consultant brain surgeon is likely to be close, if not top of the scale. So make sure that you are specific about your job title. Points are awarded as a result of statistics and the perceived security of the type of employment.
Make sure that whilst your job is rarely checked you describe your job accurately. You will also need to give 5 years job history, again, like moving home, if you move jobs frequently this will drop your score as will periods of unemployment. Beware, if you show yourself as being in full time employment over the last 5 years but you have put information to the contrary on LinkedIn or Facebook there is a vague chance that you could be caught out.
Your bank details need to be accurate and there are various checks that lenders can carry out to ensure that the bank account given is accurate, after all they will be taking direct debits out of this account so need to know that it exists and its status. If your account is in joint names then make sure that you say that on the application and the time with the bank can score an extra point or two with some lenders if you have been with them for a while so if you have been with the same bank for 20 years say so.
Finally we are onto employer details. Lenders have started taking more notice of the company you work for when underwriting. In the past if you have been a director of a company they have always checked out the strength of the business but with the new affordability rules forcing the lenders to take more care more lenders are taking a closer look at the strength of the business and if it looks as though it is on the brink of collapse they are as likely to decline you.
Depending on the size of the deal some will carry out a telephone check so make sure that you include their telephone number. They may even try to speak to you at work on the premise that they are checking details when in fact they want to know that you are working where you say you are (very common with mortgage applications). They are not trying to find out how good you are at your job or whether you were sacked from a previous job, they just want to confirm the information on your application.
In the past a director of a company that has been struggling has put his title down as General Manager or just Admin Manager to avoid having a search on the company but many of the lenders are more diligent these days. So there you have it, answer all the questions on the application form. Be honest and make sure that the form is legible.
Oh and don’t make the mistake that one applicant made, not one of mine of course, he was a plumber and some of his income was cash in hand and didn’t go through his bank. He had a car and a van but wanted to get a car for his wife. He knew that he could afford it but due to his cash business he knew that his bank statements wouldn’t reflect his true income so he said that the car he was getting was a replacement commitment for his own car, a note was made on his application.
As a result the deal was accepted with the condition that the finance company had proof that the finance on his current car was settled – caught out trying to be too clever. On the other hand if the new car is a genuine replacement then tell the finance company/broker/dealer this will help your application. By Graham Hill

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Graham Hill Insists First Aid Should Be Taught In Schools

Monday, 22. September 2014

If you are a regular reader of my blogs/newsletters you will know that I am passionate about bringing into schools a new subject we could call – Life Skills. This should include basic things like cooking (partially covered already in schools), ironing, housekeeping and budgeting.

Thinking of a change but unsure as to the best way to finance your car? Then you need a copy of my car finance book, Car Finance – A Simple Guide by Graham Hill. Click on the link below to buy the best car finance book on the market, available as a Kindle Book and Paper Back.

Driving and early education about the dangers of driving should be included and even take the theory test in school. Finance should be included, how a loan works and how to take out a loan/mortgage/credit card and what you should do if you find yourself in difficulty. Another critical life skill is first aid. This should be taught at school and could save lives.

The Institute of Advanced Motorists and Driver First Assist (DFA) surveyed groups of motorists, 50% of whom said they would stop at an accident to assist if they arrived before the emergency services turned up but one in five wouldn’t administer first aid for fear of doing something wrong.

This is very bad. The DFA said training in reporting a crash correctly and life-saving first aid could cut deaths by 46%. That is staggering. It’s about time these life skills were introduced into the National Curriculum. By Graham Hill

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Beware Of Like For Like Replacement Car Insurance

Sunday, 21. September 2014

Direct Line, along with many other insurers, offer a like for like replacement in the event of a major accident resulting in a total write off or the car being stolen and unrecovered. It would seem that they offer this type of policy if the car is purchased new but what doesn’t seem to be so clear is the position if you buy an ex-demonstrator with no miles on the clock.

Thinking of a change but unsure as to the best way to finance your car? Then you need a copy of my car finance book, Car Finance – A Simple Guide by Graham Hill. Click on the link below to buy the best car finance book on the market, available as a Kindle Book and Paper Back.

Currently it may take you 6 months to get a Range Rover, however, David Mitchell of Sidcup couldn’t wait so he bought a car from a main dealer that was pre-registered (i.e. registered in the name of the dealership). Soon after buying the car it was stolen so knowing that he had paid full retail price (ie the price he would have paid for an unregistered car) he asked Direct Line to replace it like for like as per his policy.

They refused, claiming that he could only make a claim if he was the first registered keeper, which he wasn’t, it was the main dealer. Instead they offered him the market value which was £10,000 less than the £60,000 he paid for it. After complaining Direct Line stood firm and refused to either replace the car or pay out the full amount paid referring Mr Mitchell to the terms of his policy.

So be warned. Had he taken out ‘back to invoice’ GAP insurance he would have recovered the £10,000 difference. But, to be honest, I’m a little concerned about the policy he took out as some of these like for like replacement policies can be a couple of hundred pounds more expensive. Assuming he didn’t misinform Direct Line when completing his application, stating that he was the second registered owner of the vehicle, he may have a case for miss-selling.

He was sold a policy to include a level of cover that they weren’t prepared to pay out on. Something they knew when he took out the policy and something they clearly failed to highlight. There could also be a claim under the Unfair Terms In A Consumer Contract 1999 legislation. The car was technically new as it was unused, should it really matter if someone else’s name appeared in the registration document first?

Direct Line said that they assumed any buyer of a pre-registered car would be paying much less for the car than a new unregistered car but this doesn’t seem to have been mentioned in the contract. Yes he paid full price for the car but he would have paid the same if the car was unregistered before he took ownership.

Shame on you Direct Line, personally I would take them to court and guess what, if you had legal cover included in your policy you could go through an independent solicitor and they would charge Direct Line for him to take legal action against the Insurer. Don’t you just love it! Sadly Mr Mitchell isn’t a client of mine so he has had to rely upon the advice of journalists. By Graham Hill

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New Ridiculous MPG Rules To Be Introduced

Saturday, 20. September 2014

OK got my angry hat on so watch out! If it’s not APR it’s bloody MPG. I’m sick to death of the ridiculous arguments over MPG and I’m even more angry to read this week that the EU is to poke their nose into our affairs, yet again, and legislate on the way MPG figures are calculated.

Thinking of a change but unsure as to the best way to finance your car? Then you need a copy of my car finance book, Car Finance – A Simple Guide by Graham Hill. Click on the link below to buy the best car finance book on the market, available as a Kindle Book and Paper Back.

They are set to demand that vehicle emission and economy tests be carried out on public roads rather than in laboratories. I thought it was dopey enough when What Car decided to carry out their own tests on cars to establish a more ‘realistic’ MPG but simply ignored this idiocy as a ploy to sell more magazines but it’s now getting ridiculous.

First of all expect your road fund licence cost to increase along with your benefit in kind tax as it will show an increase in CO2 emissions but let me turn to MPG, which is about as accurate a measure as APR and Brake Horsepower. I think we would all agree that the MPG, achieved in a laboratory, under very strict test conditions, will not be achievable under normal driving conditions.

So we are all agreed so far. And MPG can vary as a result of the road conditions, the condition of the car and most important of all the way we drive. Agreed? So with such a mash up of so many factors it is virtually impossible to come up with a definitive MPG. Ask any driver how they drive and they will come up with numerous different descriptions, let’s think of a few, carefully, fast, slowly, safely, quickly, with care, legally, illegally, cautiously, erratically, carelessly, considerately and like a rabid monkey.

The fact is that we all drive differently, not only to each other but also in different road conditions. Some drivers drive more carefully when it is raining or if there is ice about whilst others see these conditions as sent to test their rally driving skills affecting the fuel consumption substantially.

Poor service and maintenance of the car can affect fuel consumption as can worn tyres or incorrectly inflated tyres which can make a difference of up to 15% in fuel consumption. Braking hard, braking late, racing away from traffic lights can all affect fuel consumption, even having a window open, continual use of air conditioning or the fitting of a roof rack can affect the fuel you use as well as carrying passengers and/or a load of unnecessary or even necessary weight in the boot.

Cars are also not manufactured with the same precision as a Swiss watch, the mechanics will vary slightly between identical cars produced on the same day providing different fuel consumption. I think you get the gist, it is absolutely impossible to establish ‘accurate’ real life fuel consumption figures for all the reasons mentioned. So why are we about to spend a fortune trying to fix something that ‘aint broke. At least with the way MPG figures are established at the moment all cars are tested consistently in laboratories.

The figures may not reflect genuine real life conditions but they provide a means to compare different makes and models of cars. So if your car choice is between a Ford Fiesta or a Vauxhall Corsa you will find that the Government controlled average on the Fiesta is 54.3mpg whilst that on the Corsa is 51.4mpg. So whilst you probably won’t achieve either figure when you drive the cars the Fiesta is likely to be a little better than the Corsa. So to change the method now would be a nonsense and a waste of money.

What inspectors found when they checked the way manufacturers established their MPG figures was doors being taped up and tests being carried out on very smooth surfaces. This is where action needed to be taken so that all tests are identical and we certainly don’t need the Europeans poking about and instructing us on how we should do things!

Oh and if it was possible to ‘manipulate’ the figures under controlled conditions in a laboratory I can only imagine the manipulation that will go on when attempting to replicate real life driving conditions. Nonsense, absolute bloody nonsense! By Graham Hill

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White Lines Shown To Be Unnecessary In Centre Of Roads

Friday, 19. September 2014

Now here is something remarkably strange – and we’re not talking about my hair style! It’s white lines on roads! It would seem, following an investigation carried out by Transport for London (TfL) that white lines in the middle of roads cause drivers to drive faster.

Thinking of a change but unsure as to the best way to finance your car? Then you need a copy of my car finance book, Car Finance – A Simple Guide by Graham Hill. Click on the link below to buy the best car finance book on the market, available as a Kindle Book and Paper Back.

After re-surfacing three separate roads in London they decided not to re-paint the central lines (not just single lines but two parallel lines a couple of feet apart with cross hatch lines a couple of yards apart). As a result they noticed in every case a significant drop in speed. On the northbound Seven Sisters Road the average speed dropped by 2.5mph to 29mph and by 4.1mph on the southbound side to 28mph.

One theory was that no lines led to uncertainty and more caution as it was believed that drivers felt that with the white lines in place no one would encroach on their side of the road. Without lines separating the cars travelling in opposite directions it created more alertness and fear.

They also found that cars slowed down when cars were passing them in the opposite direction which confirmed an earlier survey in 2005. Having said that TfL will not be removing white lines from existing roads nor do they have any plans to not repaint the lines following re-surfacing even though it reduces the maintenance costs of roads. So I don’t know why it was ever bloody reported in the first place.

On the other hand, in the same report it was pointed out that an extra 900 miles of road capacity will be added to the road network over the next 7 years at a cost of £24 billion which is also to include the cost of re-surfacing! That’s good news then eh! Umm, think I’ll get a cup of tea! By Graham Hill

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No Tax Discs After 1st October 2014

Thursday, 18. September 2014

Did you know that as of 1st October 2014 tax discs exist no more? It would seem that half the drivers in the UK are unaware of this fact so let me explain what is happening. But before you get excited it doesn’t mean that you don’t have to tax your car it simply means that you don’t have to display a disc which is expected to save the DVLA £10 million each year in this move to go paperless.

Thinking of a change but unsure as to the best way to finance your car? Then you need a copy of my car finance book, Car Finance – A Simple Guide by Graham Hill. Click on the link below to buy the best car finance book on the market, available as a Kindle Book and Paper Back.

It also means that as of the 1st October, if you already have a disc, you can take it out of your windscreen, all part of the announcement made by the Government in the Autumn statement. In addition to no longer being required to display a tax disc there is another move over which car traders and dealers may not be so happy.

Cars used to be sold or part exchanged with a bit of tax left on it either giving the buyer some refund to trouser or giving the seller something to negotiate with when selling her pride and joy. In future, as soon as the DVLA are notified that a car has been sold a refund for the balance of unused tax will be sent to the previous owner. As before refunds will only be issued for complete months that are unused whilst the new owner must apply immediately for the tax using the relevant portion of the V5C.

Another, somewhat strange change, given the way that road tax has been coming down as CO2 emissions continue to reduce, is the ability to pay monthly. Paying monthly will increase the annual cost of the licence by 5% but drivers will be able to pay by direct debit to avoid forgetting and receiving a fine. In what I thought was a funny twist, paper tax discs are still being sent out till the end of September but the DVLA ran out of perforated paper so drivers are having to cut them out themselves.

I can just imagine the dog’s dinner that some have ended up with after attacking the disc with a pair of nail scissors or garden shears! So to sum up: You can still pay for your disc at a Post Office, online or monthly and you’ll still get a reminder. You can no longer transfer the tax, it is automatically refunded when the car is sold or scrapped and the DVLA advised. You will be able to check the tax status of any car by going online and typing https://www.gov.uk/check-vehicle-tax then typing in the car registration and make.

In future you won’t see traffic wardens peering through car windows unless they are being nosey or are perverts. In future tax checks will be carried out by police with plate recognition cameras, wardens will have access to the DVLA database and static plate ID cameras will crop up and will enable the authorities to raise instant fines to those drivers whose cars are captured without tax or insurance.

Driver and Vehicle Licensing Agency

Driver and Vehicle Licensing Agency (Photo credit: Wikipedia)

And don’t forget that you need to do nothing other than remove your tax disc on the 1st October and maybe keep hold of to hand down to your grandchildren for posterity. By Graham Hill

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What You Should Do To Prepare For Winter

Wednesday, 17. September 2014

Sadly we are coming to the end of what wasn’t a bad summer other than August that was complete rubbish! Nights are drawing in and whilst we are still enjoying some late sunshine we should be making plans for the winter months ahead.

Thinking of a change but unsure as to the best way to finance your car? Then you need a copy of my car finance book, Car Finance – A Simple Guide by Graham Hill. Click on the link below to buy the best car finance book on the market, available as a Kindle Book and Paper Back.

Fleet News has provided a few pointers and given us a few things to think about. Inevitably there will be a few days when it will be difficult, if not impossible, to either drive to work or use public transport (bit of wind, snow, leaves on the train line, volcanoes erupting, landslides etc.) so do you have a back up plan that enables you and/or staff to work from home in the case of an emergency?

Don’t forget if you employ staff you are responsible for their health and safety and could leave yourself exposed if you insist they come to work when the authorities or experts have advised against it. With regard to your car, have you considered swapping to winter tyres to reduce tyre wear and increase grip. Many of the national tyre fitters now offer a service whereby they will swap over tyres for you between summer and winter and store your summer tyres till spring.

Fleet News also suggest that you consider 4WD cars but I disagree. I don’t recall one day last winter when a 4WD car would have avoided taking any time off work and I have to say that unless you have taken a 4WD course the chances are that you will be no better off driving a 4WD car than a 2WD car. Oh and a little tip if you are stuck in snow, try letting a little air out of the drive tyres to increase grip or better still buy a set of snow chains and a spade to dig yourself out.

Make sure that your car has been serviced and there is enough anti freeze in your radiator and plenty in your windscreen wash. In fact make up some anti-freeze screen wash and keep it in a bottle in the boot, it is so easy to run out of screen wash on a trip and end up not being able to see out of the windscreen. Give yourself a few minutes to sit in the car with the engine running in order to warm up the heater.

If it is cold or raining and you drive straight off you will find the windscreen heavily misting up before it starts to demist making it impossible to see where you are going. Remember it is an offence to drive a car if you cannot see through the screen due to either dirt or mist. Oh and another tip, get yourself some Marigold rubber gloves and stick them in the boot.

Snow chain at the front wheel. Photographer: D...

Snow chain at the front wheel. Photographer: Devchonka. (Photo credit: Wikipedia)

The best type of gloves to wear when clearing snow or frost off the car or even to wear when fitting snow chains or digging out the snow. They are totally waterproof and surprisingly warm. I’ll add a few more tips into my next newsletter as the countdown to winter continues. There are lots more tips to come so make sure you read them and stay safe! By Graham Hill

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Graham Hill Reviews The New Range Rover Sport

Wednesday, 17. September 2014

As you know my car reviews are legendary due to the fact that the manufacturers stopped sending me cars to test drive many years ago, so I thought ‘sod ‘em’ I’ll say exactly what I think as I don’t have to suck up to them in order to have a car to drive for the weekend.

Thinking of a change but unsure as to the best way to finance your car? Then you need a copy of my car finance book, Car Finance – A Simple Guide by Graham Hill. Click on the link below to buy the best car finance book on the market, available as a Kindle Book and Paper Back.

Unfortunately, whilst not a big fan of 4WD cars, I have to say that I’m impressed with the soon to be launched Discovery Sport that replaces the somewhat leggy Freelander and brings the Discovery style into the 21st century.

It will come with 7 seats as standard and has adopted some of the latest Range Rover Sport lines, still popular with drug dealers (I’m told), premier division football players (new), 1st division football players (used) and accountants (new). For some strange reason Jaguar Land Rover have decided to fit the new car with an old engine whilst launching at the same time the Jaguar XE with the new Ingenium engine.

I understand that the new engine will find its way into the new car later next year so might be worth waiting. The car will come with 2WD and 4WD powered by the eD4 and SD4 engines via a 9 speed auto or 6 speed manual gearbox. Improved tech spec. and style will no doubt appeal to lovers of 4WD cars although I have to say that the leather seats look like venetian blinds and the headrests on the back 2 seats look dopey.

I wait with interest to see the replacement full sized Discoveries which currently remind me of a hearse! Sorry, I couldn’t help myself! By Graham Hill

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Is New Technology A Potential Breach Of Human Rights?

Tuesday, 16. September 2014

Telematics is a fairly new word that started its life within the terminology used by fleet managers wishing to track drivers of their vans to ensure that drivers were not driving too many hours and using the most economic routes. It normally takes the form of a tracking device that records everything from time spent driving to the routes taken by the driver, fuel consumption and even the driving style of the driver.

Thinking of a change but unsure as to the best way to finance your car? Then you need a copy of my car finance book, Car Finance – A Simple Guide by Graham Hill. Click on the link below to buy the best car finance book on the market, available as a Kindle Book and Paper Back.

The process was intended to improve driver safety, improve efficiency and ensure that the driver was involved in as few accidents as possible. But these days the same technology has moved into the consumer market with insurance companies prepared to give discounts to drivers who fit telematics type systems to their cars providing greater discounts to those who drive least and most carefully.

But this has led to legal questions about what data is provided and how it is used. Basic tracking information used for health and safety or economic reasons may be all well and good but what about the times when the company vehicle is being used for personal use and if information is fed to your insurer when is the data likely to cross over into an infringement of personal privacy?

Marc Dautlich, head of information law and partner in the technology, media and telecoms team at international law firm Pinsent Masons, believes employers using such technology need to tread very carefully. It is also believed that Insurers and those collecting data on their behalf need to be equally cautious. Legal issues stem from data protection and employment law, as well as article 8 of the European Convention on Human Rights, under which an individual has a right to ‘respect for one’s private and family life, home and correspondence.’

Not only could telematics systems leave drivers vulnerable to the miss-use of data but as cars now have access to the likes of Google, Facebook, Emails and your mobile address book how is the information that may be stored in your car protected? I reported quite recently about the case of a celebrity’s wife selling her car and the new owner finding the previous owners phone list still stored in the car’s memory, including the home and mobile numbers of numerous famous people.

There are many advantages to having telematics fitted to your car, especially when proving a driver’s speed just prior to an accident but this could all fall apart if data is found to be miss-used by employers or insurance companies. Anyone using the data collected must make it clear to the driver what information will be collected, how it will be used and how long it will be kept for. By Graham Hill

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Using Mobile Phones Just Got More Dangerous

Monday, 15. September 2014

You may not have heard the name Marina Usaceva but a court ruling, following an accident in which she was involved, could change your attitude to what you do whilst driving.      Marina was considered responsible for a fatal accident in which the other driver involved died. She had been using a mobile phone but not at the time of the accident.

Thinking of a change but unsure as to the best way to finance your car? Then you need a copy of my car finance book, Car Finance – A Simple Guide by Graham Hill. Click on the link below to buy the best car finance book on the market, available as a Kindle Book and Paper Back.

Her barrister explained that there was a 6 minute difference between the time it was shown she was using the phone and when she had the accident. Described as ‘clear water’ and provided as mitigating evidence the plea was still ignored by the judge when he sentenced Marina to 6 years imprisonment.

Evidence showed that she had sent and received texts on two phones during the 20 minutes before the accident. In summing up before sentencing Judge Sean Enright said, ‘If you were not sending texts at the time, then you were fiddling with your phone and that is what caused the collision. Mobile phone use whilst driving is a plague on our society,’

This is a clear warning that the courts will consider the use of a mobile phone whilst driving as a contributing factor to an accident, even if not being used at the time of the accident. Labour Peer Lord Ahmed was jailed for 12 weeks after admitting to texting at the time he was involved in a fatal accident on the M1 in 2009. Since then the law has tightened and sentences greatly increased.

At the time the case was ground breaking because the judge didn’t link the texting directly to the accident but described the texting as ‘prolonged, deliberate, repeated and highly dangerous.’ So the warning, as repeated by Lucy Whitaker of legal firm Rothera Dowson, is that courts are now increasingly willing to consider the use of a mobile phone, prior to an accident, as a contributing factor.

As the law stands at the moment if a driver is found to be using a mobile phone whilst driving he will usually receive a fine of £100 and 3 points on his licence. Using a mobile when involved in an accident causing a serious injury or fatality would be considered to be driving without due care and attention with a maximum penalty of 5 years imprisonment along with disqualification and potential fine.

Beyond that, death by dangerous driving carries a maximum jail sentence of 14 years and a minimum disqualification of 2 years, a discretionary re-test and possible fine. Whilst there is still no suggestion that telephones should be switched off whilst driving, if you have an accident, even whilst using a hands free phone, this could still be considered by a judge to be an ‘unnecessary distraction’ and be treated the same as if you had been using a mobile phone without hands free.

As pointed out by Lucy Whitaker, ‘There is no real ‘safe time’ to use a phone, hand held or otherwise, whilst driving.’ Be warned that it is standard practice for police to confiscate mobile phones from drivers at the scene of very serious accidents as part of the information and evidence gathering process. Casually using mobile phones without consideration of the consequences is irresponsible so stop it now.

Driver in a Mitsubishi Galant using a hand hel...

Driver in a Mitsubishi Galant using a hand held mobile phone violating New York State law. (Photo credit: Wikipedia)

In the first 3 months of this year 380 people lost their lives in accidents attributed to the use of a mobile phone, up 13% over the same period in 2013. Campaigners warn that mobile phone use could become a bigger killer in 2015 than drink driving – a sobering thought! By Graham Hill

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